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Florida Insurance Bad Faith Questions & Answers
1 Answer | Asked in Insurance Bad Faith and Securities Law for Florida on
Q: At age 71 the Mortality Table estimated my death at age 78. Yet a CFP recommended an Allianz Annuity Fixed Index which

would provide monthly payments to begin at 81! And draconian penalties should I seek withdrawals in the first 7 years.

Do these facts indicate a breach of Fiduciary Duty, fraud,etc. on the part of the CFP and or Allianz. My tel.no. is 561 400-2721.

Samuel B. Edwards
Samuel B. Edwards answered on Dec 29, 2019

Generally speaking, there are very limited reasons to sell an annuity to someone who is over 70. Based on the limited facts you have provided here, it seems like this would have bee a completely unsuitable investment for you and could be a breach of fiduciary duty as well has violation of various... Read more »

2 Answers | Asked in Insurance Bad Faith for Florida on
Q: Can I sue my agent for not trying trying to find a l less expensive company knowing that my premium would be going up

I've been with this agent for 15 years and called 3 different times through during the years for a price check on different companies. I was told by my agent that the company That I was with would be the cheapest. This was not the truth. I decided to go with another agent who pulled a quote... Read more »

Charles M.  Baron
Charles M. Baron answered on Nov 25, 2019

If you didn't actually lose money by paying a higher premium, you are not damaged in any way (other than aggravation) and therefore have no ground to sue. If you did lose money, theoretically, you could sue for professional malpractice (negligence), but for only a $1K difference, it would be far... Read more »

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1 Answer | Asked in Insurance Bad Faith for Florida on
Q: I want to file a complaint against my agent for homeowner insurance gauging. How do I go about doing this?
Charles M.  Baron
Charles M. Baron answered on Nov 25, 2019

I presume you mean gouging, not gauging, and your question is vague about what occurred. In any event, certain categories of complaints regarding insurance providers can be made to the Florida Dept. of Financial Services - see https://www.myfloridacfo.com/Division/Consumers/needourhelp.htm.

3 Answers | Asked in Insurance Bad Faith and Car Accidents for Florida on
Q: a vehicle was totaled by insurance i have stored it i want to be payed or i want title

my friend had an accident i payed for the vehicle to be towed to my residents. The Insurance company totaled the car. It has been stored at my property for several months.I now want the storage fee payments and the towing fee payment or i want the title of the vehicle.

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 20, 2019

So what do you want to know? Send the pertinent parties (the fiancé company if any, the insurance company, and your friend) letters requesting that they sign the title to you or pay your storage fee.

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1 Answer | Asked in Health Care Law, Insurance Bad Faith and Employment Law for Florida on
Q: Is it illegal for a health insurance company to give answers to state exams

Can a insurance company give new hires a cheat sheet of answers to the 440 insurance exam? Also cheats on cms

My insurance company I recently started working for gave the whole class before and after me as well as my class a cheat sheet with all the answers to the 440 insurance exam. The... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 28, 2019

I am sure there is a way to file some sort of complaint; however, I am not sure what the Department would do with it.

You must also know that--if you do complain--you will likely not be well-liked among your peers, not in the Department.

1 Answer | Asked in Business Law, Insurance Bad Faith and Insurance Defense for Florida on
Q: As a life insurance agent, can I donate half my commissions to any parents at my daughter's school who purchases?

My daughter is in the Winter Park High School Band and we are always doing fundraisers. How much do we really make on selling coupon books or wrapping paper!?! I would like to approach the band director and offer to donate half my commissions to the band for any and all parents, grandparents,... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 23, 2019

This is not a legal question; and I am unaware of any federal or state law that would prevent you from giving away all of the commissions you earn on all the insurance sale you make to all of your customers. Responding to your specific question: The only "problem" I can see is going to occur at the... Read more »

3 Answers | Asked in Insurance Bad Faith, Estate Planning and Probate for Florida on
Q: My brother's life insurance company is asking for a Legal Representative form. Where can I find this document?

My brother passed away he did not leave a will, he has no assets. Unfortunately he died 4 days before the contestable period ended for his life insurance policy. I am his beneficiary. The insurance company is asking for a Legal Representative form from me. How do I obtain this form? The... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Oct 21, 2019

You should schedule a consultation with a local estate attorney to look at what documents you have and review your situation.

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2 Answers | Asked in Civil Litigation, Contracts, Insurance Bad Faith and Insurance Defense for Florida on
Q: Is there a way that I can sue my step mother for withholding my deceased fathers insurance. If I have proof he had

Is there a way that I can sue my step mother for withholding my deceased fathers insurance. If I have proof he had Insurance and told his mother, sisters, brother and kids what he had? Is there any way possible to sue her in any way?

Linda Liang
Linda Liang answered on Aug 16, 2019

If you have reasons to believe that your step mother is not beneficiary of the insurance and she claimed the insurance proceeds, yes, you can.

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3 Answers | Asked in Civil Litigation, Contracts, Insurance Bad Faith and Insurance Defense for Florida on
Q: insurance company voided my policy for misrepresentation on application. should i cash refund check, is that admission

is that admission of guilt, they stated that when i filed out my application online (which i actually did over the phone with an agent, i answered the question falsely, but agent did ask me for much information. i am being sued due to accident my son had and i received refund. should i cash or... Read more »

Linda Liang
Linda Liang answered on Aug 15, 2019

The victim is suing you or the insurance company? If it is the Victim who is suing, you need to know you have no coverage at least at this moment. As far as whether cashing the check means admission, it is arguable because they reject your application for the reasons they believe it is true. You... Read more »

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1 Answer | Asked in Insurance Bad Faith for Florida on
Q: Do Florida circuit courts have jurisdiction over claims less than 15,000 dollars?

We moved to Florida from New York City about a year and a half ago.

We cannot get our New York insurance carrier to pay a claim since August 2017. We would like to file a law suit from where we live in Brevard County for 1,500 dollars. Does circuit court cover claims for less than this... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Jul 4, 2019

The state that has jurisdiction over your claim depends on in what state the claim arose. More facts are needed in order to determine who has jurisdiction and venue.

1 Answer | Asked in Insurance Bad Faith for Florida on
Q: Does Brevard County circuit Court have jurisdiction over Claims less than $15,000?

Moved from New York about a year and a half ago cannot get my NY insurance carrier to pay a claim in August 2017. I have been fighting with them since, I would like to end this. The claim is only $1500 but I have a very sick wife and I am in need of money in order to help her.

Thank you

Charles M.  Baron
Charles M. Baron answered on Jul 3, 2019

No, but the County Court does. $15K is the jurisdictional cap for County Court civil cases, so a claim for $1,500 must be filed there, at any County Court branch. However, sounds like you may have a venue problem. Simply because you moved to Fla. does not give you the right to file your claim in... Read more »

1 Answer | Asked in Insurance Bad Faith for Florida on
Q: I have a family member coming to visit from another country. He has some health issues so I search and found an

insurance policy that would cover his 3 month stay. The policy limits are $50K max. If i take out the policy in his name but I pay for it and for any reason he does end up in the hospital and the bill is over the $50K could the hospital go after me because I payed for the policy even if the policy... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 22, 2019

No, the hospital could not successfully sue you unless you are legally responsible for his health care; you are not responsible simply because you obtain health insurance coverage for him.

1 Answer | Asked in Products Liability, Insurance Bad Faith and Insurance Defense for Florida on
Q: My outside air conditioning unit caught on fire & was put out by the fire department. No one knows what caused it.

My home insurance will cover it less my deductible. In the mean time the manufacturer has agreed to replace it if I sign a release. Can I accept both offers legally?

Tim Akpinar
Tim Akpinar answered on Feb 14, 2019

If the manufacturer agrees to replace it, then it would seem there is no longer a loss for insurance to cover. If you choose the insurance company's payment, you have the deductible to consider. Insurance carriers will offset their payments, or choose not to issue payment, if a loss is already... Read more »

1 Answer | Asked in Insurance Bad Faith for Florida on
Q: Can anyone help?

My daughter was in a car accident. It was her fault. Geico was the insurance company. 4 years after the accident she gets served because she's being sued. Geico never paid the claim. She was taken to court with the insurance company. The plaintiffs were awarded 3 million dollars. A judgment has... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 2, 2019

Your daughter appears to be judgment-proof. In other words, the judgment creditor probably can't collect its judgment other than against GEICO (to the policy limits).

1 Answer | Asked in Insurance Bad Faith for Florida on
Q: I hired insur. tree co. to cut a huge oak. Limb made 5 holes in roof. His insur co. deducted depreciation.

Is this legal? Offered me $4800k for roof, estimate was $12,000. Should I consult an attorney ?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 13, 2019

So the estimate was #12 K and they say the roof was depreciated so that it was worth less than that? How much would it cost to install a new roof? Yes, see an attorney?

2 Answers | Asked in Car Accidents and Insurance Bad Faith for Florida on
Q: State Farm Insurance Company, my carrier, two days after I was hit by a person DUI of drugs who hit me with a 5,000 lb

truck causing my car to roll over three times and land on its driver side an inch away from a house after going through a line of trees and a fence said that I was eligible for "expedited settlement" even though I wasn't ready to settle and did not ask to settle. I already have had 4 back and neck... Read more »

Mitchell Feldman
Mitchell Feldman answered on Dec 12, 2018

The first thing I will say is of course you need counsel and her attorney and why if you are seriously injured he did not obtain representation is contrary to your best interest. Do not try to play lawyer with the insurance company or insurance companies and the other parties. If you were seriously... Read more »

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1 Answer | Asked in Personal Injury, Civil Rights and Insurance Bad Faith for Florida on
Q: Is there any case law that would support a claim against a Homeowner's Insurer for personal injury of a disabled adult?

Hurricane Irma hit the home in Plant City, FL, Sept 2017. HOI denied coverage and the HO Insurer's civil engineer assured disabled insured that the home was "structurally sound." The disabled insured remained in the home, relying upon the assurance of the Civil Eng, and became progressively ill... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 18, 2018

Possibly though a lot will depend on the duty owed by a contracting engineer especially if their scope was just structural, not enviornmental. Contact a member of the Fla Justice Association--they give free consults. Look for one that handles mold cases.

2 Answers | Asked in Car Accidents, Insurance Bad Faith and Personal Injury for Florida on
Q: I need to file personal injury suit against my insurance because was in auto accident hit by uninsured what form to file

I am 1 month away from 5 years limit. I have been to sick to do anything. There is a primary and secondary both stalling. Primary which has had case 2 months just made very low offer not even covering bills.

Then my secondary which is my insurer didn’t think it was worth much, so I told... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 18, 2018

You should have contacted a member of the Florida Justice Association. They give free consults.

I can't give you legal advice on Florida pleadings but one way would be to go to your county court law library, ask them to help you look up a recent case involving uninsured motorist law, ask...
Read more »

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1 Answer | Asked in Insurance Bad Faith for Florida on
Q: I feel like my insurance company is reading the terms of its contract in an unreasonable way when the language seems

super straightforward to me. What can I do to fight them?

Tim Akpinar
Tim Akpinar answered on Oct 5, 2018

I do not practice in Florida, but your question remains unanswered for three weeks. The facts here don’t indicate whether this is an auto, homeowner, or other type of claim. If the insurance carrier has issued a denial, you could show it to an attorney, together with all your information about... Read more »

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